Cherokees to let slaves' descendants cast votes

by Justin Juozapavicius - Sept. 15, 2011 12:00 AMAssociated Press

TULSA, Okla. - Descendants of slaves once owned by members of the Cherokee Nation will be allowed to cast provisional ballots in the upcoming principal chief special election, the tribe's election commission decided Wednesday, reversing a court decision.

The decision came after the federal government ordered the Cherokees to restore rights and benefits to about 2,800 freedmen descendants.

Last month's ruling by the Cherokee Nation Supreme Court reinstated a constitutional amendment that requires members of the tribe to have a Cherokee ancestor listed on the Dawes Rolls.

Election Commission chairwoman Susan Plumb said in a statement after a special meeting that allowing Cherokee freedmen who are registered to vote to cast such ballots will help the commission prepare for possible court challenges.

"If a court decides the freedmen descendants can vote, we will have the ability to certify the election," Plumb said. "If the court decides they cannot vote we will still be able to preserve the election."

The long-standing dispute between the tribe and the freedmen has only complicated the Sept. 24 special election between former Chief Chad Smith and tribal council member Bill John Baker.

Tribal Supreme Court justices tossed results of the original June 25 election after finding the winner couldn't be determined with a mathematical certainty. A new election was ordered.

On Aug. 22, the tribe's high court overturned a tribal district court ruling that nullified the 2007 constitutional amendment on grounds that it violated an 1866 treaty.